I am still getting used to this topsy-turvy world in which Europeans increasingly act like (ol’ fashioned) Americans and new-fangled Americans increasing act like Europeans.
In Europe we can see a growing rejection of tax and spend and of socialism. Sure, its roots are real deep but there is a new aware it seems. But while Europeans reject failed socialism, Americans embrace it. While Members of Parliament throughout Europe give fiery speeches in defense of sovereignty, Americans blithely give theirs away bit by bit.
And now in the latest blow to my notions of American exceptionalism, European courts have decided that individual States can come to their own conclusions about abortion upholding Ireland’s abortion ban.
The European Court of Human Rights today released its judgment in ABC v. Ireland, a case in which three unnamed women claimed a right to abortion under the European Convention on Human Rights sufficient to trump Ireland’s own pro-life constitutional provisions.
First, the good news. The ECHR held there was no right to abortion under the convention, which is binding on 47 nations. Thus, each nation may decide for itself what to do about abortion. While this is good news, it shouldn’t be surprising — the convention never mentions the word “abortion.”
While there may be other troubling things in the ruling, the bottom line is that individual states are free to ban abortion because the European constitution does not mention abortion. No emanations of penumbras for our Euro friends. If its not in there, its not in there.
So in this respect, Europeans are more free than Americans. They are free to protect life in their states. Americans can not.
This is one time I wish the U.S. was more like Europe.